Hello and welcome to the If We Knew Then podcast I’m Stephen Saux
and I’m Lori Saux
and today we’re joined by attorney Georgianna Junco-Kelman.
This is our second interview with Georgianna as she spoke at the beginning of this pandemic on distance learning and gave us some really great information and advice of how to approach our IEPs in the supports and services for our children and now heading into the new school year she’s back with us and I want to encourage you to grab a Cup of tea or coffee and find a place this is a one of our longer episodes but this is for all parents with children with IEPs have a pen and paper so you can write down some of the information and some of the words in the verbiage and it’s it’s really invaluable %HESITATION and this was such a gift George on the set down with us and gave us an hour and a half of her time and we’re honored to be able to give that to you and we hope that this brings a lot of comfort knowledge and assistance to parents out there who are now trying to navigate a new school system in this new normal with IT peas and support some placements and so many concerns and pressures that just exist for all of us in this pandemic and anytime so sit back thank you for listening and let’s get to it hello George on a thank you for joining us on the podcast my pleasure thank you for having me first of all %HESITATION I know I’m getting a lot of questions about assessments and you know that the shifty either the LA Esty is saying they don’t do assessments or parents are concerned about the quality of assessments and what if they get you know like a one parent yesterday was telling me that for a psych assessment that they’re just using the survey you fell out because they can observe so I think assessments are real big concern and even a placement you know getting shifted into some zoom placement distance learning placement that when this goes away now you’ve been put in a special day class or someplace that you really didn’t want for your kid and so I think I think it’s just a lot of concern that things are getting done kind of shifty yes absolutely and now we’re going back into a new school year what should parents expect and what are you seeing as far as classes resume mean and IEPs emplacement primarily let parents need to understand I think most of all moving forward is that they still have the protection of federal law and that’s very clear there are guidelines that were offered back in April by the department of education under the instruction of the California department of education under the United States department of education the office of special education it is clear that there is a mandate that federal lock I. D. E. A. still be implemented into the language being used as to the extent the symbolic to the maximum extent possible that’s obviously going to be a question what does that mean well but our what we know for sure is that the locking seniors all guidelines %HESITATION clearly indicates that I. D. eight was not suspended I he implementation continuance physically timelines for example for assessments those continue as well and it’s on the guidelines some districts have arms and back up for one second so according to the guidelines district don’t have to convene a youth in meetings to address the I. U. D. for purposes of the corporate nineteen team jazz because we can’t control the pandemic we can’t not make these changes that’s inevitable so the I. U. D. is to continue however a judge made of ways by B. R. U. T. service says all still have to be applied and so %HESITATION Y. LA the guidelines state district don’t have to be made meetings to address that it is absolutely incorrect for distance to assume they don’t have to can be ninety means and parents ask for them which has been happening some parents have asked for a meeting because they’ve been concerned that the programming plays isn’t working what the services are being delivered a you know their child is is failing under the distance learning model and will need to address changing how global services team dining so the last fight you need instead rice and some questions about rights court hearings we don’t have the twenty nine eighteen on this time that is a complete fallacy absolutely if a parent aspirin I. E. P. meeting I’m saying about the shared moving forward that the district has to comply with federal law I you all need %HESITATION telecommunication code which mandates that once a parent requests and I mean it must be granted within thirty days of that request as long as it’s during the school year so any time is more than a five day break on a vacation or during the summer now they don’t have to be ninety minutes long for example October and August eighteen is the first day of the alley UST square %HESITATION come August eighteen parents can’t request an IEP meeting the address whatever concern again hospital happily Jeremih’s or excuse the contract they are ordered to have a meeting granted you can ask for the meeting and at that meeting on the grass all of the concerns that you have aren’t moving forward and it may be that some kids do require the eye doctor to reflect the changing times it may be that the amount of time and that’s being provided for services isn’t working for the students and obviously this will be a lot of regression so there’s a lot to be considering moving forward with the new school year I don’t know what to expect as of now specifically with the L. A. U. S. T. I would not heard anything from anyone in terms of delivery of service our special education specifically none of my clients have been reached out to any particular administrator or teacher or case carrier for their child’s IEP this I’m hoping that there will be communication thank you to all of this moving forward will be collaboration and communication that would be critical between schools and parents and parents are going to have to work with you guys is the last time you’re going to have to take an even more active role in pushing for services and we are still waiting to see what the result is from the UCLA news L. A. U. S. T. agreement in terms of what how many hours per day we have some idea but we’re not certain yet need not ratified the agreement yet so we’re not certain my understanding is there will be six hours of instruction but there’s interpretation to what that means as well depending on the grade of the students some students will have an hour of instruction sums up and some will have up to three maximum that’s what I’m hearing and that may not work no students IEPs called for six hours of instruction and students ideas call for specific delivery of services at certain times a certain number of times per week students I have one to one behaving convention support the IT costs for six hours of that and so how is that going to be applied moving forwards are still the needs on just because there’s a pandemic and is that a BBC forced change on the Caribbean service doesn’t mean that there should be some commensurate service to the actual IP when traditional school is in session and to the extent possible there should be absolutely commensurate service says on just because not messages because it’s a big deal we have a major a compliment going on but that is not an excuse is not a past the group stage to take a seat a backseat and relax their responsibilities eight very much they’ll have to apply all of these mandates that students have asked for the IDPs okay so what I want to clear find here is that first of all as we go into the school year if you haven’t been reached out to by your administration or for support you reach absolutely I would advise parents email all districts start around the same time some I don’t think any hopes thirty blacks in California I’m not certain but I know that southern California all districts my last start around the eighteenth nineteenth twentieth so I would absolutely take this coming week to reach out to their school administrator or Iraqis carry are typically from kindergarten or transitional kindergarten through eighth grade the person in charge of special education on our U. S. B. schools our system principles in high school technically have a case A. as special education sort of director sometimes it’s still the assistant principal it’s different in high school but you should reach out to your special education services office advocates in high school and request that you speak with someone the tricky part is because of the pandemic there may still not these staff at schools I know that some have returned so the bass really way to communicate right now is what will now so I would start sending emails requesting a response to the soonest opportunity as to what to expect with your child’s program income P. H. on call of August when school starts my understanding is they’re doing what’s called a smart start which means that first and second day of school are going to be mostly zero Matt sort of social emotional support meetings and actual instruction once started to like think mid week after school starts so you know again these are all sort of speculation things I’m hearing armed but parents need to be provided a very clear map by their school administrators will destroy us for the child’s ID he specifically instructing them what to expect or what their child’s school they will look like it’s going to be different than last time because I believe there’s more there I believe there will be more consistency more specialized you know structured instruction where there will be a particular schedule teachers are not going to have the option not to teach this time around directly via technology virtually where as you know last time and it was a miserable failure the teachers were given the option not to own stock engines instead provide independent work and then kind of check in with their students that’s not going to happen this time is my understanding there is a mandate whether it’s going to be mandated number of hours per day of instruction every single day except I think either Fridays are my direct they’re they’re advocating for us for four days a week which is ludicrous and runs the white but nonetheless that’s a whole other conversation %HESITATION but I believe that moving forward in a similar structure where there will be more specific instruction at number hours per day so kids will have more of a routine to follow every single day but that’s going to look different for every kid and some kids that night we are in regular education classes attitudes are in nationalized day classes some kids require male speech language O. G. Ollie remote services cell hearings that have kids in general education regular education but who also have related services how to communicate with the related service providers they have to collaborate and coordinate with the general a teacher and the resource teacher with Aston residences specialized academic instruction there’s a lot of coordinating all has to happen the timing when the television is additional services and so that’s going to come down to if you haven’t heard from your school parents have to continually actively take the steps toward contacting them so they can get a clear picture of what the programming will look like which like I said I’m anticipating it’s going to be a lot more %HESITATION specific which is good but to the extent that it’s going to do what I had I don’t have a lot of faith in that this is gonna be a long one comparable to Weston’s accessible in actual school but they need to absolute reports the best efforts and that that’s not what’s so for IDPs that’s a that’s a big deal I heard you you were talking about setting an IT P. because now that we’re in this pandemic were seen that our children have different needs they had they need different supports because of you know they’re not the classroom and I just want to reiterate to parents that yours you’re saying ask for that I. E. P. for those additional services and supports and that they have to give you an idea because I think I think a lot of what’s happening which is what happens to us parents in a normal situation is we get told false information that we wouldn’t expect to be false information that we just believe and we kind of get the brush off and so I just want parents to understand that they do have the right to request that to get the new services that they need and I know that also when it comes to IDPs I’m hearing concerns about the integrity of the I. E. pier the assessment and also with the yearly IEPs obviously a lot of time lines were brushed under the under the carpet because of the pandemic and a lot of IP’s did not happen we didn’t have an IP season at the end of last year so can you talk a little bit on that because there are concerns even to the integrity of the I. U. P. or the IT assessments and the ramifications that will happen because of this new situation right so in my no matter what the districts are doing or not doing I think almost every child in nineteen will be entitled to compensatory education there’s a bit of a misconception and I want parents to really understand those that the district has a responsibility to provide a free appropriate public education that is all the little IPS to what that appropriate occasional is on those services have to be provided in order to facilitate that state that vehicle public education on cell the license about the students not when Steve’s service says placement appropriately because of the pandemic on their sports not the fault of the district that’s not the standard one year for the distance off the hook it doesn’t have to provide compensatory education for for now the inability to provide services outside of its control that sought the fact remains the student was not provided a fake listing did not receive but the state required and regardless of how that happens Boston is still going to be %HESITATION compensatory education so you know in some cases I’m hearing attorneys advising districts luck provide something at least you can say that you provided a level of support best you could and because you did the best you could that was announced that’s not sure every case has to be specifically analyzed individually and on the guidelines for the CD it is clear that it is to be determined whether on a case by case basis this is an individualized education program it’s going to be determined on a case by case basis but that student has progressed and whether a student or compensatory education there is no blanket rules that we did what we could within the circumstances we had we couldn’t have done more therefore we owe you nothing absolutely not parents need to keep carbs very clear clouds are very clear record track what they did but they didn’t zero in on mobile saw what they were doing or what they will not do and district have a responsibility I can’t stress this enough to provide the services on the IBM and so if your child requires that state to our weekly of speech and language support thirty minutes twice a week Generac service meaning that the service provider one on one that needs to be provided in the district tells you that they’re short on staff or that for whatever reason they can’t be provided or that they’re going to provide what they keep that’s not enough the IGP costs for an hour a week your students should be receiving an hour a week on August and was not was the one hour a week Mr will be out compensatory education so it’s important to keep it very very clear record of what’s being born and what’s not being done because I think it’s still expected in terms of assessment it’s the same thing %HESITATION good guidelines from the CD they’re a little disturbing to me because the way that they’re right they are saying for now the department the US department of education is not making any changes to the current federal law mandates which presumes that they could at some point I would argue that they can’t no one can change legislation except for Congress and I. D. E. H. cannot be relaxed unilaterally by any governmental body regardless of what’s going on and so when it gets to a point where they may get this is a little more leeway and say okay we’re going to relax the time lines are dead the timeline for assessments are pricey peas or what have you I will cross that bridge when we get to it but right now the guidelines as they should be which is to ensure the implementation of I. D. eight continuous is that districts are to continue with the delivery of services ask the H. E. R. mandates and they are to conduct assessments of student athletes by annual assessment I’m not correct hearing that suspects there’s an additional concern with the student and an area needs to be assessed to determine whether that is the means by service as those assessments should continue the parent should request a timeline with wiring at a fifteen day response from the district for the parents of signing consent still applies and so does the sixty day timeline to complete assessments coming in nineteen meeting and make recommendations to the student qualifies for another service all of the time line still applying this technique to find ways to alternative alternatively access to what some have figured it out I can tell you that for example if it is in the pudding and that I. E. assessors %HESITATION independent assessors are conducting their assessment they found ways to be creative on the ballot online there they are able to administer the testing online with the student and one and one standardized tests and students the only real thing and and that the psychological services departments are finding ways to us as individuals and students %HESITATION where there is effective data that’s being collected on that recommendation can be made at the moment let’s ask that I’ve seen several of those now and there’s no question that it’s absolutely possible the only thing that can happen obviously is observation at school so they can’t absorb the student but I would argue that given this time not being able to do one last component of the assessment which isn’t really gonna make a rest of the findings I believe that the rest of the files will be enough to provide student support moving forward instead of sitting around and saying well we can’t decide because we can observe the student that’s not the past that they’re getting exercise reasonable efforts to assess the students and many on the proof is there that it can be done via telehealth they just have to be to be trained on how to be able to conduct those assessments of all have an band boosters have that responsibility because child fine this is the law that applies that Janet buying children with special needs in schools doesn’t get told that license doctor suspended while this is going on so absolutely I will do we have to make very clear what you’re missing and what they mean little make a clear record of us not being provided because the time will come when you can’t validate buses complaint if not right away and requested additional supports the provider compensatory relief be provided because the child was and provide all the child required whether it’s placements and services this summer this last month a bit more I have a number of my clients and I’m fighting back for them that are being told over not that access into the back to school absolutely not you know sadly added situation weeks ago where the client was told out right we’re not gonna sat this is that students in private school struggling significantly back those with ADHD and dyslexia the private school could no longer means loads all the parents will need to assess implement this break and we recommend that he liked the blue on organ public school because we can’t move them one step up the school campus such an appetite went to the local private their local public home school and said my child needs assessments and determine eligibility we like we were moaning or school they were out right told sorry we are not doing any assessments now come back when pandemic is gone basically and that is a hundred percent illegal I a course got on the case call them there’s now it won’t change on their team so they’re going to find ways to assess outsourcing sometimes unless you have a strong on pushing to get what you need they they just bought a car and struggled bold rolled right over parents and parents have to insist on educate themselves and empower themselves with the information that they need to show that the district’s ironically but it department of education how to find a part of the case %HESITATION website and you’re not under the corps that night some guidelines for special education it is are laid out crank that out and send it to the administrator and say right here in black and white it states that you must continue to implement idea time I answered not suspended Todd finds not suspended my child still needs to be assessed because his disability is not going to be paused pending the pandemic being over and this time is crucial time that a child can just lose it is tricky it is difficult and sometimes they just one here sometimes you can bring to the fore wounds and they still would not are you are you can do then is track everything so you can make a file to process complaints in pursuit your your rifle %HESITATION retribution and the parents that are able to %HESITATION consigned outside support and we can also %HESITATION the parent can also later first year out of pocket costs to supplement that with the district refused to provide without limiting the Christmas sample for the parents of lost last man standing there not doing them specifically they want to have to be identified nearly determine eligibility for nineteen seventy six as now make note of that when I requested an assessment in you’ve told me on such and such date that you’re not going to because of the content so that forced me to go out and get a private assessment I paid X. amount so now you you go you get your assessment of what your findings recalling I he mobile telephone has an IEP or you ask whether they’ll come in and I need to consider the outside assessment of a private assessors determine eligibility since they would must ask I would like to tell you now then you can proceed with the process later to pursue out of pocket costs for that assessment you have to come back and whatever services parents had to find because it is but refused to do so I’m just remembering that being told not to put a hundred times but that’s discounts does what happened Democrats say yes we are but again that is not a class but not exercising absolutely diligence and best efforts implemented as is being required of the struts on it’s not happening in a lot of places occurrences like become savvy asked her how to take advantage of how information on make sure you recorded all because a time will come and go and pursue those compensatory woman %HESITATION up markets you know I think the the most frustrating thing is the bullying because we get it as parents we get it in an irregular situation without a pandemic and I think that’s what’s most frustrating because these parents who have to fight a bigger fight on a daily basis are also in a pandemic but now they’re having to I mean you hear all on all the pages where parents are you know a typical children are complaining we’re not getting our support we’re not getting this in their voices are being heard and I feel like there’s lots of efforts being made to make them comfortable so that they can have the supports that their children need but it’s the parents of the children with IEPs that now the fight that we had before it’s even worse and it’s so frustrating because there’s an array of different supports that people are getting depending on how hard they push which I’d like to talk about that too but also also with the assessments what do parents do to assure that the assessment that they do get is good because just because are given an assessment I hear concerned that these aren’t good assessments and what did they do then if they don’t feel that that assessment that they’re being given is appropriate and that reasonable efforts have been taken right well the mechanism is the same in terms of the parents rights if they disagree with the district assessment under ringing up regular traditional school year when the district as fast as and the parent disagrees with that assessment they have the right to request an independent assessment publicly funded which means the district has to pay for it it’s the same standard where you let the district now you conducted this assessment I don’t think there because they’re competing up parents don’t ever have to even give a reason why they don’t agree with the assessment all they have to do is put in writing I disagree with the assessment on its findings and I don’t believe it’s recommendations are commensurate with my child’s needs therefore I am requesting the district find an independent educational evaluation that I ecolabel finding by the district where they can agree to say fine we’ll go ahead and find it and then we can mutually agree upon eight an independent assessor the parent has the right to choose the U. S. S. as long as they meet the same standards and qualifications that district requires or did it you can say we disagree with you we stand by our segments we think they’re appropriate and then the district one has to take the affirmative that the onus is now on them to file any classes complaint and prove to a judge that their assessments of your child needs to be read I need special and so it’s the same process now they conduct an assessment essay virtually any fear that the assessment test is complete %HESITATION %HESITATION it just it’s not in depth enough request an I. D. and it’s the same process that has to happen the same license safeguard divided the parent and %HESITATION districts sometimes we’ll tell you well we disagree and then they said on that they don’t do any date on file the complaint and they don’t find your assessment I’m you as a parent can go in and find your own assessment that there is no idea IDA doesn’t have any kind of statutory guidance as to how long a district has just biology classes complaint what is a reasonable amount of time they have to file before it’s been too long in the tank and then go find their own assessment and then they can pursue reimbursement the district didn’t do what they were supposed to kill in California there is some case law that indicates that the project remains to quality prices complaint that’s too long so that’s sort of the standard that I go by is the district district good works I want to find my assessment and they didn’t biology classes complaint usually for a valid case it’s about a three month and what is unreasonable delay and so sometimes the night three months is a long time our parents know Latin wait for an answer whether child is struggling so sometimes I just biology classes complaints you know disagreeing with the district assessments and asking that an independent assessment be granted an act in times of mediation and settlement agreements we can’t agree on that because it’s cheaper to just agree on their own back when he gets to go to a full blown hearing with it they should not have to pay for attorney fees and you know the time the resources it’s gonna end up costing them you know ten times more divided than it is to just find the assessments out sometimes it’s about the last fifty decision but you may have to fight to prices complain to pursue that independent assessment of the district does nothing and if you do go pursue your own private assessment sit down on them responding to finding or not finding a depressed this complaint you can you can go ahead and find your own assessment and once that assessment is complete we can go back to the district and say look I have a private assassin that happened after that I would like to consider and by lot the hockey community meeting hi after reviewing those findings they don’t have to follow them but they do have to review the findings include fight your rate nowadays that’s why you don’t agree with the recommendations of the assessment I’m so that’s the long you know that the monologue I thank you want the district to obviously making you an answer pretty quickly so you know which way to go usually I would wait a little bit of time before I filed my complaint is they do need to have at a time when they can either fire or find your assessment but it’s going to depend on the particular case and what the Dickens county more I wouldn’t just sit around and wait because you know crime is of the essence it’s difficult because a lot of families can’t afford to go hire private assessor and you know there’s a costly between five and seven thousand dollars sometimes you get your insurance company entrance will find it in terms of the rights to request I. E. the right to disagree with their assessment the same exact laws apply and the districts have to comply spend accents not much has changed in that order of things because you know the same grievances that we see during traditional school year we’re going to continue to see during Kobe even Marcel so parents just have to brace themselves and kind of follow that same religion path of really conserving their evidence and pursuing litigation later that’s probably gonna have to be the ultimate outcome of the getting the responses from the district you know I think it can be frustrating to the parent to because you know as we’ve discussed this is a pandemic and all of this is happening during the pandemic it can I can we talk a little bit about the %HESITATION district’s responsibility if because I think cost is a big deterrent that as at some point parents get just exhausted and then I think the cost is the road block where they just finally say I can’t spend seven thousand dollars on this assessment and then then it becomes this downward spiral into a hole of following an assessment they don’t believe and you know now their child’s placement or can we talk a little bit about that or about any kind of I don’t know financial relief for the due process mechanism doesn’t permit for the recovery of annual other costs other than educational related costs and parents obviously when the boosters are not providing what the child needs the options the parent has to go to the appeals process in the hopes of arriving at a place where they will be able to print your what the student loans the mediation mechanism where there’s a there is no settlement discussion in both parties talk about what each side wants and hopefully resulting someplace in the middle of the stadium will hopefully walk away with meaningful services and support the other option is for parents to go find a look back at and then pursued due process isn’t an issue out of pocket costs back in terms of you know having an out later in some form of accessing funds none of that is really possible this system is in place in order for parents to pursue that which they don’t agree with S. and that is as you know can be onerous and balancing mechanism you have to go through the motions and that takes some time when your child is regressing daily it is very difficult because by that mechanism appeals is in place it’s not a super fast one I know it’s a pretty quick when in relation to civil and legal proceedings in general it’s a pretty quick timeline you know worst case scenario you file to process complaints you’re not going to be in mediation for at least thirty days you can opt for the resolution session which is fifteen days from filing a complaint but the forty five day timeline by which to complete a hearing doesn’t keep an eye out for those fifteen days because that’s keeping based on sentencing thirty days the resolution session occupy a complaint the districts have thirty days in essence to try and resolve with UPC are resolved in that time then you ask for your mediation timeline but the forty five day starts thirty days later and then just continue says India both parties may have conflicts and their schedules and also by the time you get an actual resolution it may have been two three months have gone by before you get somewhere where the need of things to really get something that’s going to help you can’t and so that’s really the best start of outlet for support to to pursue support is the due process mechanism %HESITATION although that’s why I’m advising families if you can %HESITATION calling nineteen mobile yes really can’t and have a conversation trying to collaborate we’ll talk to the administrators the teachers look this isn’t working this program that that you’ve offered isn’t working I need more for my kid what that more is I don’t know what we need to collaborate as to how we can meaningfully support my child’s safety can gain access to some sort of an education hopefully that conversation can be had as you guys know sometimes that is just hitting a brick wall fights its wars calling the IP right away and addressing the needs on the issues right away and see what they can do %HESITATION I wanted segue a little bit on that note because when you read the guidelines that the CDC provided it’s clear that he is %HESITATION cards in there it is clearly implied that distance learning is not going to work for every kid which is why the house allow for exceptions I am home services support it’s on their black and white they have made exceptions arms for a set you know that certain service providers are deemed essential %HESITATION health workers are like our special education service providers like special like a speech language %HESITATION T. R. behavioral support specifically the guidelines say that if a child is in need of maintaining Montel is a call health and safety in order to access the child distance learning that districts not in violation of the fair home order hearing allow all these service providers to come to the home there is absolute authority for it’s not been granted one part the typically the alley UST either gets fixed I’ve dealt with have said yeah when I try to you know came from them why not you have the authority and you know they say here we’re not going to expose our teachers and service provider to call the that’s fine but if I teach our internet service provider or non public agency that you contract is willing to delay there is nothing stopping you from allowing them to do they are deemed essential health workers and it’s right there in the guidelines in black and white and so there is no reason not to grant it in terms of liability or exposure they then turn kill well the student needs to meet the exception young thinking I had a particular student Leon thank your student needs the exact same %HESITATION fourteen is the central critical infrastructure workers that can come to the home can meet these exceptions and children need health and safety component on the mental health component met in order to learn online meaning they need someone out at home next to them working with them to understand what’s being instructed to them via virtual learning on the other side of the computer their parents aren’t able to keep them attending they don’t have the strategies or methodologies emplaced Janelle high to have this team focused on a ten game whatever the disability will sitting hats and so for those reasons this exception has been clocked out unfortunately no one is planning the granting it and I think that you know I personally have filed a number of the glasses complaints about the file if you mark to pursue the services at home because not every kid can go online and it is right there in black and white on the guidelines and parents just how you like I said you know arm yourself with that knowledge and point that out to them and get the particular reason why they are not providing the service at home just about every service for a special education child can’t be provided account if that child needs those exceptions %HESITATION and I would argue many well the mental health and physical and health and safety exception thank them for that many kids wanted that exception and a lot of kids have the ones the ones already at school and so the district is that really you know expanding any more money you’re going to spend the money anyway because these aids should be online with your student doing distance learning going having made online it’s almost it’s pure tile because it it’s not a factor let the ability that they have to support a student physically isn’t the same as when they’re on the other side of the computer and there’s a classroom the only nine and the student and the H. can’t comfort because it’s going to be a distraction how are they able to still going to be confined to the instruction time it’s it’s impossible and this didn’t turn out of or whatever it is she’s this young how students unable to attend but if the aid was at home physically with them that would be a very different story and so there’s definitely a very valid argument that they should be permitted %HESITATION bites it’s gonna have to be filing due process complaints and if it still refuse it it’s been an ongoing to a hearing and reading a judge decide if the department of education doesn’t clarify the guidelines more specifically asked you when it is that districts can go ahead and provide the entire in home services support right now I’ve had other attorneys state in need that they interpret the exception team on those services in the correct help only for kids that are suicidal but some is ludicrous because it says no where near it does it say all of the facts and sell them the way that the language is written it’s being kind of laugh you know what does mental physical health and safety rules mmhm so to what degree that’s the school to be impacted his mental health or physical health the health and safety to what extent that band that service will be provided that has been banned it’s it’s it’s in is to be a little more nuanced and it’s not and so people cancelled for each side are interpreting it as they see fit I read it as black and white absolutely it can’t be and so far they’re just refusing and it can’t be that there is no get out they are that doesn’t meet the qualifications out there saying it’s an absolute very distinct exception and it’s almost half of the book you know body which is absolutely ludicrous because again I would urge parents to read the guidelines and start there because the services can be requested she be requested and they should be provided and in the notes Stephen I’ll provide a link to where they can get those guidelines so they can read those and the and here’s the thing and when you talk about parents can’t support that they need to be I obviously that’s a situation when you have a B. I. in the classroom I think there’s a lot of parents that like they do like they do is when this happened they took over those services because you can’t just leave your child because they’re doing the service that doesn’t release the district from their responsibility though absolutely not and your child’s IEP calls for the I. six hours a day that is still expected to be provided and there is room for interpretation whether it should be provided at home are virtually depending on the needs of the students absolutely nothing but I never actually %HESITATION during whatever inspection time and whatever service provider time is being allotted in trying to get you know a measure of the eighteen with what your time is up it’s not going to be exact obviously there’s not going to be a six hour out of state inspection that’s that’s not going to happen whether you want it to happen or not some kids just can’t sit looking at a screen for six hours at all that’s it’s impossible never mind the kids that don’t have that additional support that they need at school to be able to access %HESITATION so we we know what the get go that there’s not going to be a tick for tack we’re not gonna be able to me are the eight people actually that’s not going to happen %HESITATION but that doesn’t mean that the plastics can employ additional services and support to at least try and maximize the students one during this time and many students will require their services could be provided I help because they can’t access it virtually and it takes absolutely have that responsibility none of those responsibilities are suspended out for any reason and again if they didn’t receive those now we’re talking just about the B. I. if they didn’t receive those when they go back in those are services that can be made up or should be made up at a later day right it’s going to be especially with the ice will be tricky because lord of life there to act today for various reasons to help the student access and so in terms of compensatory education when it’s been returned to school presumably the B. I will be right back with this team for the six hours a day so where do you make that you know what I mean that behavior intervention that wasn’t provided so the argument there is hide you provided the behavior intervention affects times did would have had a higher opportunity to access what was being taught to the students it does not receive the behavior intervention services that you want to ask for but it’s more than lots of educational %HESITATION instruction and as a result of the failure to provide a service that could have led to them who did that it could have led to the increase of their meaning for obtaining occupation and therefore to an educational locks and so we would talk about educational therapy or some sort of non public agency academic program outside of school to make art in essence the last term so when personal behavior intervention %HESITATION because like I said get back into business or access to education also if you have that support access and so it went to the student news and results as a result of the failure of that service education out valuable time on there for lots of education so how can we try and make that next to impossible but we can do that by students some students educational private support with its second segment there appears no Allen without programming Orton Gillingham program I wanted that specialized non public agencies that provide academic support X. amount of hours that the parents would be able to access outside of school yeah because when it comes to be I owe on aid you’re not looking for come that’s a Tory hours those hours are gone they’re just gone right those hours are gone but the argument was because those hours were not provided it led to educational lost because this team will have the support that they needed to access instruction was also we look for other ways to make up for that last time and the behaviour hours I’m going to do it and those will be back the second estimate chance to school after the I love the simple things that have to be alive for all of the data that will continue so you know it’s not you can add on an additional two hundred hours of of being intervention when are you going to be administered on those hours you know I mean that it doesn’t work so you have to look to some alternative way to try and come up for %HESITATION compensation for that loss bush is damaged and some sort of accident compensation great I just wanted parents to understand that there is a way that they can still be made at what was lost and because you know what’s gonna happen is they’re going to some parents gonna send IT P. and they’re gonna be told well the time is gone there’s nothing we can give you more B. I. ours and that’s gonna happen right in the US is going to have to be that’s not what I’m looking for you can make up for the lost time by giving my child compensatory education B. act you know whether it could be and then in that way and by means of for example if it’s not a private type program I challenge regular education could be provided additional email resource hours the academic instruction time with the teacher one on one can be increased for example that’s one way to do it as well but that’s the deal was at school because Justin has similar things going on throughout the day but it’s always hard to get compensatory education during the school day the system typically already have so much going on that it’s gonna be hard to then tack on another twenty hours beating over twenty hours of learning so it’s gonna have to be on a case by case basis and depending on the students and %HESITATION what was lost and that wasn’t provided and what how to best meet long whatever that was lost to the extent that it can’t be not Georgia and are you seeing more eagerness to provide the services and the supports are needing and that teams are working with the parents when you’re going into I appear for support because I don’t want to just focus on the challenges in the road blocks that are put out there because there are some good guys out there that really do want to support are you seen any of that I’m minimally to be honest with you again I’m I’m just a small sampling of what may be going on in general I can only speak to my experience on my clients and what I have seen I and what I saw was discouraging I am hopeful that moving forward we will see a higher accountability because again my understanding is there’s a higher expectation of teachers as a higher expectation of robust %HESITATION distance learning programs that are not going to be slow wage or optional like the last three months work out teachers were told they didn’t have to work and then a lot of work in essence basically it was you can teach or not teach you can provide on the panel packages are not provide them you can do it but %HESITATION and that hurts students my students what I saw was I I had finals that to this day I haven’t heard from the teacher’s job providers we’re back absolutely not and I’m not exaggerating last night and I had students where we have a few meetings and the futures were dead now you know one phrase I got used to hearing lies they did not provide the direct instruction I would ask why not well because it was requested not mandatory so then how would you administer your your instruction to the students well I would send independent packages to the parents of the students walk on them all week long that doesn’t work parents can’t be the teachers also I saw a lot of that a lot of no contact no routine no cohesion and no expectation no accountability and I did see right I first also I can’t say that I didn’t see teachers go out I’ll go out of their way I actually tended to see B. specialists teachers make the higher effort meaning that special day class sense where you’ve got a special ed kids and at the more restrictive settings whether mild moderate or moderate studio classes I actually saw that there was a higher effort made to support those students with the eagles are in those types of settings and there was more one on one instruction and mark teacher student interaction online %HESITATION more than that regular education classes where %HESITATION he’s got students on there who have IT teams to our regular ed students that have dyslexia ADHD and they have a number of resource men are weak I I didn’t see a lot of the delivery of those services at all and outside the resource teachers would tend to just send a package home and the student was lost during busy on instruction limited Simmons traction that there Y. speaker the student out typically would work with the resource teacher for in order to you know sometimes what happens is there’s a lot of the teaching that stand with the resource support %HESITATION suggested might be a little lost in the classroom and general ed curriculum and then he’s able to back it would be chopped down and and what’s real with a research teacher and so it’s it’s the best support for regular ed students and that wasn’t provided once a lot of a regular at students with reseller support thought through the cracks because they just didn’t get the song specialized academic instruction matters of importance for yells out I saw a lot of service providers not me all times are out we’ve got families that’s a language arts mobile quote some of the just %HESITATION here’s a young package as far as the speech language and somehow thanks to work done with the student on the panel I saw a lot of bad and again when I would ask why didn’t you provide well it’s different it’s a pandemic I was the lead after that that way which I think is ludicrous because I do expect service providers professional service providers to execute on their duties on so it’s your job to end the regular school week is to provide let’s say Johnny on Tuesdays thirty minutes to speak the language at one o’clock why can’t you jump on zero that same thing at one o’clock the only difference is you’re not at school by the time allotments descent and available and so why haven’t you provided that service that the IT consistence in hospital and a lot of the time is doing highlights luck and they would respond to me on again there was no clear our cohesion no clear expectation guidelines where people are now that there is an ownership when there are very clear expectations and there are replications but the failure to execute on those expectations which I’m hoping that accountability will be they are moving forward I think to some extent definitely higher than last semester it will be there but last semester was just starting out three for all and some that good service in central ally did not answer there’s no question that compensatory education will be happening and regression olds absolutely sadly I I have no doubt we definitely sign up variations in what people are getting services as much as people were being told that they didn’t even do certain like speech wait out or %HESITATION T. that they didn’t even provide those services which to be honest V. as soon those services worked perfectly like those I can see the resources which were also not provided I get where that would maybe not be as conducive on zoom I get that but there’s certain services that work I am seamless and and the very Asian languages one of them yeah we found that that really worked for Liam in our case you know because we were one of those people who were told when it came to a certain service %HESITATION well you know you just don’t give you some handouts and you can implement the service yourself with which %HESITATION so it and the and that’s very that’s very frustrating %HESITATION but the state I wanna see we want to stand on task here so it can applied many people can get information %HESITATION that that help them as far as the variation on the services that they received from from different people I feel like it’s the parents that really pushed in ask for services what do you recommend because again we’re going from a parent it’s the pandemic they already have the responsibilities of you know %HESITATION supporting their child on a daily basis they say Hey these are the services in my I. U. P. they get a letter back saying those services we don’t do anymore because it’s the pandemic or we can’t provide them or we we just have to do you know whatever they say they have to do and then they come back and say you know no that’s inappropriate what what did they do yeah I mean there’s no there’s no easy answer in order to have a quick email %HESITATION results in terms of getting what you want because in those situations the best scenario actually for purposes of ultimately obtain compensatory education but you know I it’s I’m trying to find ways for families to get what they need right now to get to maximize their services now during this extremely difficult time with many children are going absolutely grass in many I’m going to get those skills back so it’s crucial to trying you know really secure those services right now what’s the best way to do that I thought the best way to do that is like I said calling in IBM and having that conversation so I need more this isn’t working and putting an expectation on that one and put it all in writing always putting right you know I was calling you put it in an email I would like you to send me a schedule not for my child’s IEP he receives speech and language services twice weekly it was a two thirty minutes weekly he receives in audience counseling thirty minutes weekly whatever it may be please provide me with a schedule as to I when I can expect his service providers to reach out to me during the week let’s coordinate on timing for schedules for these services can be delivered to my child as expected and as mandated by his I. E. P. I am not waiting the service since it is your responsibility to provide them so make that very clear as a parent you know now that they have to go back and don’t accept when they say that we don’t have to yes you do and the law says that you do and I am a diligent parent who has done their research and I know for a fact that you have this responsibility the I. E. P. was not to be reduced or altered or suspended or anything and so please provide me with a schedule for my child’s education according to his I. make that as clear as day in an email and they write you back and they say no then double down compartment is it my understanding that you at this time are rejecting providing my child’s service sets and you know get locked them down he met them to answer because that would be the best way to use them again the only other Avenue is biology classes complaint and pursuit of compensatory education so you quality prices complaints between March and September recording yes why my child was not provided good services you owe me X. amount of hours that is irrefutable they will have to provide compensatory education especially when it wasn’t provided even if the district’s makes some kind of an effort and they have some kind of a defense that they attempted to provide but he’s the best they can do the the the standard isn’t the best way to do it at all or that they did you know what they thought was reasonable within the pandemic you know constrictions that’s not the standard the standard is wise what you provided deficient to provide my child on appropriate education not with the you provided all that you could in batch yet it’s the what my child’s seats that offer him and meaningful benefits that’s the standard an exact answer is clearly no or they didn’t provide the services that the IT clearly states that they have to provide them your body or compensatory education but I can’t stress enough that the best way to get what your child needs right now is to approach them to approach initially on a very sort of collaborative I wanna work with you to see how we can help my child I I’d like you to tell me how with an employee services and I’ll tell discouraging these conversations in nineteen meetings in the single digits don’t have the convenience meetings they can talk to one four million great distance learning plan your child doesn’t have a learning plan your child’s learning plan is an IP that is your child’s learning plan so that is the document you work off we’re not going to alter this document that tells me what my child moves well done and talk about how to apply these services in light of new circumstances were not gonna change form we’re going to talk about how to best deliver them alternatively I am not giving up on any of them not a medical exam the your tell me how you’re going to provide it okay not going to provide it please confirm that and then you move onto your appellate process because that’s really all you can that really tried to work with your team NCS you know sometimes I’ll tell you when I can provide you speech or send you a package so hydrating meeting on since the business besides be present my AP says one hour a week why can’t you providing that one hour of lane that’s in the polls so again the goal is to collaborate and get them to say okay we will provide the service but also you know there is two pronged you’re there to obtain information that Spanish so that they were violating European that you’ve got your costs go to classes and get a compensation and also your out of pocket it’s nine thousand families of the displays are not providing their service for whatever reason go get your own private services if you can afford to and then later you can pursue it out of pocket costs because you tried it their way they didn’t they didn’t provide it which forced you to go and get your own it’s the same argument with parents that distance learning just doesn’t work and the program that’s being offered it’s just a few tile and some parents are opting for the go pursue private educational programs is the same as if the district occupies minimal said you know what that’s not a program like that west mark or non public school of bridges and you give them noticing leaf and then your personal out of pocket tuition is the same thing with the pandemic it’s analogous to that if the distance learning isn’t working try to your child is miserably failing it give them notice in writing looked excited your weight when you’re providing isn’t helpful I am going to pursue alternative educational support outside of the school in the private sector and I intend to pursue out of pocket me in person from you later because my child is the same process none of that changes it looks different one of the modality is different but the concept of compensation is the same I want to encourage everybody who’s listening to go back and really listen to the verbiage that you’re using the words because a lot of times our request can be they’ll be mute to them but it’s a certain word and and they’re very powerful so I would just wanna %HESITATION really encourage people to go back and listen to how it said and and I also like that you said that when we start off let’s go in there is a team that’s going there remembering that this I. E. P. as for our child and how can we work together but then you’ll also be armed with the words and the verbiage and the actual services that are out there if you educate yourself can we talk timelines Giordana because those haven’t changed correct simple simple timelines our flight does have that been relaxed they’ve not been suspended and I would argue that even if the C. D. E. R. O. sap or at the U. S. department acacia ready suggests that those be relaxed I would argue you can’t do that the only way to change those those mandates is the alleged insulation by Congress on trust me they try to do it for me try to out but right now idea is what applies idea is in the revival hearing you cannot change a single word of all unilaterally and so those time lines still apply especially now that we’re finding with a lot of guidance on tele health professionals these assessments can be conducted via telehealth absolutely and so districts just act you chest the way they do things they don’t just cries and doing them they have to find out tentative ways to comply with those timelines and won’t be the same way but you gotta just shift on both of different ways to provide those assessments and identify the kids that need the help and identify what additional supports are required to get this assessment yet telehealth on absolutely is feasible and possible and it’s been it’s been done you know it’s it’s beyond that I’ve had I had one particular I ES Sasser who asked the district vanity I eat before the pandemic and armed DSS %HESITATION went ahead and conducted the entire assessment via telehealth and the appearance interview and we have parents %HESITATION questionnaire that and the teachers are were all able to do all of their questionnaires that the student and that I ES Sasser was able to assess the student B. R. technology virtually and was able to provide all of the standardized testing and other psychological testing of the cognitive testing and she had a very clear picture of the student and a very clear profile in order to make a recommendation from a distant mountain resort and I call the eighteen eighteen and went to the meeting and forcing that I yes I said jump on before I did and spoke informally to the administrator who told her when I just missed you now because your assessment is deemed incomplete says you weren’t able to observe the students so we’re not going to take your recommendations that is one hundred percent it will go in my book because you’ve got a professional song I did my due diligence and in my professional opinion I am able to make a recommendation based on the assessments that I did and I don’t need that to the students in the school environment in order to make that determination and recommendation that assessment is valid and should be heard and again there needs to be just like they’re asking for flexibility the way that things are done on behalf of the student my parents and assessors does have to be flexible too as long as they’re reasonable and as long as we can still get in a substantive meaningful information that we’re able to create a profile for the student in terms of what’s the best number five of the students and what’s the best not the most appropriate placement and service says absolutely they should allow that and that was enough information to make the recommendation exact apparent with the night that right which is a violation of our Christy will be due process and we’re going to have to put it in front of a judge perhaps but there are ways to move forward absolutely there’s a difference between finding the way it is refusing to do it on on you know wanting to just put a pause on things unreasonably because that that the abilities that they just have to have the desire to implement on absolutely took advantage of D. so because parents are you know parents are exhausted do you have any advice to parents that can alleviate some of the frustration and streamline the process like they’re going you know you’re going to an I. E. P. do you have any advice because I’m and you said take notes and keep a log going there to work as a team but anything else they’re sitting in the IP and they’re starting to feel that feeling in the pit of their stomach that this is not going where they wanted to go or they’re being bullied or I wish I had some magical words you know as you know I’ve been doing this for a long time and it’s a frustrating crisis periods it’s compounded tenfold with disclosure and so I. P. meetings and general by nature during one of typical times all right straining hard on their marks rest reading hard now %HESITATION and so there really isn’t any magical sort of words you can use all you can hope is that well at all to these people eight AM hoping one of presenting it in a way where you just sort of taken at heartstrings almost like look this is my child this isn’t working I’m here to work with you collaboratively I’m here to hear your input how can we make this so that my child can be more successful how can we check things out your things how can we think outside the box with the delivery of services and ultimately unfortunately often times you feel like you can give they will know at a closing argument of your life and it will fall on deaf ears and you will still get that generic boilerplate response and they will ultimately tell you well it is to be the best you can go ahead and pursue your rights to appeal Bubba and when you hear that you just now check the stratum and that’s why I say that the best strategy for parents is to be prepared and to obtain all the information that you can to pursue that which is and will provide it now and that’s not even here because you want to go in there and get what your child needs now chances are that’s not gonna happen and so you need to empower yourself with the information that you will to pursue it on your own later on in the process well that’s the bottom line is that your eyes blaster TI’s record your IP meeting given twenty four hour notice prior to the meeting in writing and you can record your meetings on sale as well and the audio recorder and gather as much information as you can to make your case because ultimately you’re gonna have to fight for service S. and you’re gonna have to create your case at that eighteen little water Ali Gavin’s and assets at that meeting thank you bye very clear record of what’s being provided by reach all of the services what’s being provided by home at what time keep a clear log so later you can go back and compare your logs to they’re they’re supposed to be logging in all of their time and ultimately you can request records and ask that you be provided their log in times and compare that to what records you’ve packed and you might see an inconsistency there which means they’re not tell again the best advice I can give you is try to collaborate and come together but at the same time be very vigilant of what’s not being done and keep a very clear record track everything so you can then pursue what you need to later that’s likely that’s where it’s going and what and I’m almost certain every kids get a compensatory education among I don’t know that that’s going to be offered at the moment there’s a chance you’re going to have to go to classes to pursue all of that one more thing A. L. I don’t know if we really spoke on placement if they try to change your placement and one of these items absolutely not again remember that the same rules apply just as if you were at night the median during regular %HESITATION not those %HESITATION and they said you may think your child isn’t being successful in the regular education classroom work and that recommend especially class and as I’ll be setting for your cat you can request I don’t get along you can reject it and you can say yeah I respectfully disagree I am going to keep my child or my child is and I’m going to invoke state cuts which means they can recommend changes all they want to but once the pairing both state what which means you reject their change they have to go to a due process hearing and prove to a judge that the recommendations that they are making are proprioceptive child stays but you don’t have to do I think you don’t have to follow the process you have to do anything because nobody can force you out of your services and pricing that you have currently it’s their duty to file in Gold Coast sealed backing down there out so you sit tight and keep what you have on a hundred percent it is illegal for them to change yes thank you just make sure you note in your I. E. signature page I disagree with the recommendation of acts I choose to keep my child in current level of placement and services just note that very clearly in the I. P. signature page make sure you have a copy of that and they can’t do anything nor should I know that I I know that parents have also been asked to sign certain waivers whether temporarily suspending the IPO there okay with whatever new services being offered absolutely not do not agree to anything sometimes it’s hard for parents to look at these teachers and administrators in the face and disagree with them %HESITATION and you don’t have to say to them we do a crappy job I’m rejecting what you’re giving me you can easily save this and that I wish I really appreciate your efforts I know you’re doing a fast %HESITATION but unfortunately it’s not working for my kid and I’m looking at making changes right now knowing that what we have right now isn’t working and need that back well you know it’s gonna take a lot of out of the box thinking it just like you mentioned the ease some making assessments that were out of the box and that can be successful sometimes hopefully the private sector will catch on to that and do that too but parents are I’m gonna have to think different ways and if they need someone next to them an advocate or an attorney that may be a way to go and I hope all this information you’ve given really helps people I’m definitely if you want to get touch with you they can go to special kids attorneys dot com I’m a put all the links down there yeah let me ask you that and again I tell you guys this last and I feel it feels weird saying this because I get criticism or you’re just trying to promote yourself I’m not when you put out there I am busy I do not need to seek any business but I’ve come to the point after having done this for so many years I had this conversation earlier today with someone else I never returned if parents want to maximize what their child’s education should be I truly believe will special appearance the only way to do that in this climate is with an attorney and I’m not saying that people come call me at my office I’m just saying that that is that they respond to and it’s sad it’s unfair parents shouldn’t have to go pay legal fees to get their child’s IEP implemented one sometimes as simple as implementation isn’t happening that parents are asking for anything extra right now can I ask you press anything extra you’re just saying please provide in some way with the idea saying you have to provide and they’re not doing what asking for more you’re just saying you’re not even providing the services the IT says you have to provide you know making a to provide those services and so my clients would call me and I will call the IEP meeting among the services are applied that’s just their reality that’s just life and it’s sad and it’s unfortunate but if you know my office personally I’m I’m working hard to work with families and give them financial break some I’m Jim troubling over I can’t I’m doing my best to really help families because I know everyone is impacted financially right now so hiring an attorney isn’t typically easy it’s much more difficult now so a lot of guys are out there and we’ll work with you I’m in we’ll we’ll figure out a way by if you keep banging your head against the wall yes you can pursue all of the schools later by dealing with personal devices on your own this call not going to maximize the outcome I if you can go see an attorney to help you I would say do that %HESITATION because honestly that’s that’s usually the best way to get the outcome that you need that’s just moves begin as real as I come back and we’ll say our personal experiences I believe that we sat in one I. E. P. without an attorney and in that I. E. P. we were pummeled and we sat there because we thought there’s nothing else they can do because of what happened in the past and we sat there and we were pummeled because you don’t know everything thank you they know what you don’t know and you’re going to take advantage of that they can’t do that with an attorney that says that’s not true here’s what’s expected of you they’ve got no response to that and they’ve got to do it and you have no reason to have that information why would you they take advantage of the fact that you don’t have that information and so they always have an upper hand well you know I it when I said I’ll put your information in the show notes I know you’re really busy but we’ve always known that this is you know this is your job but this is more than just your job you’re an advocate a personal it you personally you are like many of us really trying to change things for long term and that’s why I think we always go to you for advice I always say it’s not just my dad is my mission this was what I was born to do and you know my child as you know he is what led me down this path and it’s infuriating to me ten yell %HESITATION that my child out has everything he needs you know I’ve maximized them very happy with his team but it shouldn’t be because I’m a lawyer that I get back you know I mean every family who has those needs should get wet I have from my side I have an aspirin I yelled out more than what I know he legally is entitled to all right now your last bite to that standard isn’t applied to all kids depending on who the parent Addison who their attorney might be back sadly how the cookie crumbles allied really with everything but unfortunately that is the reality of the situation and I do you put my whole heart into this and I don’t let them get away with it I just I I will call them out on it because I know better and they should know better and family should be treated in equitably because one has a lawyer and one does that students should be treated equally and the services that that child requires to be provided to spite of representation but sadly that’s not how it works like again everything in life you know and you’re done %HESITATION I do want to talk on the fact that when people say they try to discourage you to say that you’re just trying to get work you shouldn’t have to be there and I I feel like the people who say to try to discourage somebody from getting a lawyer you don’t want to be you know you don’t wanna be too aggressive you don’t want to rub someone the wrong way it’s not about rubbing someone the wrong way it’s about rights that should that should be implemented and and and they shouldn’t have to but thank goodness you’re there and you can see and and other lawyers are there to sit by the side because honestly when we were pummeled it was probably the one area we had an educated are self on and they knew they knew what they were doing was absolutely wrong and we didn’t and if there would’ve been someone by our side that would have just stopped in their tracks and and so if a parent is coming from that place of this is my experience in this is so frustrating I’m so exhausted and it’s taking such a toll on your personal life which it does I mean there’s no way that it doesn’t it tears families apart marriages end over stuff like this call somebody reach out to a lawyer reached out to advocate have them at your side because I promise you the difference in experience is is night and day and it shouldn’t be but it is and until it isn’t then you have someone in your corner you know I always say I’m a product of their blatant failures I wouldn’t have a job yes you did yours it’s that simple if you by these children if you did right by these children and parents didn’t need to fight we wouldn’t be in this situation but there’s so many factors at play as to why the system you know a lot of the time doesn’t work or there’s you end up at these at this impasse S. at these IT peas and becomes a contentious and you know not the least of which is budgeted money and and you know not having the ability to provide what every kid needs that because not necessary they don’t want to but they don’t have the resources to answer they’ve got out of the stress these resources and that sometimes leads to misrepresentation of what your child requires because they know they can’t give it to you even though they should but you know due to practical reasons our budget so what have you marching orders they can’t provide your child with the needs of that and I stress the truce that’s a nice way of saying lie and misrepresent you as to what’s appropriate and they know that they can’t do that with a lawyer in the room that’s that’s just reality and just we’re in California but as far as other people who live in other states nest there’s different things things are different in different states that you know the idea of a price it’s a federal statute which applies to every single state so there’s nuances from state to state but generally it’s the same system in the same rights well for those parents that that maybe haven’t hired an attorney in the past are still skeptical about maybe a navigator I remember some of the things we hear some of things we thought was I don’t know if I want to bust the door down %HESITATION I wanna be so aggressive but honestly having someone on our side has because we we read people around all the time at right now at school they sent a message don’t mess with me like from the get go I’m gonna fight to the death of my cat I’m gonna do whatever I need to deal and you can think whatever you want I think but I’m here now for me I’m here for my kid and I’m gonna do whatever I need to do to get there and guys get intimidated they get scared they can retaliate against me I would tell you I’m here to tell you the opposite eggs the the complete opposite is true I don’t see that to be that the fallout from getting a lawyer or advocating for your cat I see them chopped to it that’s just reality yes us too we we feel the same way and it relieves the parent of a lot of stress it takes away from the emotion that you bring in I mean you’re still you still have emotion because it your charger fighting for but the the fear and the frustration is it just windows a little bit when you have somebody next to you that’s gonna fight the fight and kick down the door and it’s Lee it’s all about love it’s not there’s no it’s not emotion it’s not thought it’s not opinion it’s not a favor and that’s what I always say you know I’m I’m not asking you people for a favor I am asking you to implement the life make it up it’s right here in black and white this is what this child needs in you’ve got No Way Out we’re not asking his family isn’t asking you for it yes they’re asking you for what they are legally entitled to and that’s the way you have to approach it sometimes you know there’s some lawyers that will go in a meeting and kind of just sat there the whole thing and here it out and go to press it I’m not that lawyer I really truly believe in in and sometimes it’s taking gloves off and things get a little down and dirty and and it gets contentious but %HESITATION I really do believe in and and pushing at the IEP for what the kid needs and really advocating at that level I said okay fine I will go to process an obvious to me that %HESITATION due process hello that’s realistically speaking the bachelors can make more money I don’t do that I truly believe in when you’re at the I. E. P. let’s do everything we can to get what we need right now because this is what the child is now not three for six months down the line %HESITATION and obviously sometimes you get to that in past %HESITATION you get to the point where you know you’ve you’ve hit a wall and and you can’t agree on chart will go to the process by often times we are able to get that one twenty eight at the IEP meeting we are able to get the extra service says by pushing forward and speaking up as to why it’s appropriate or not to touch you keep talking as you guys have seen in some meetings you convince people that at the beginning are saying no but you know to me they’re like okay fine that’s that’s right that way but you’ve got to push for that you’ve got to be vocal enough to push for it not just walk away when they say no and a parents can remember those laws are there because people fought really hard for that and it you’re right we really thank you judge on a for your time and your information it’s been really wonderful talk to you again and we look for to talk to you in the future buckle out as it’s about to get a little bumpy let’s see what happens when the year starts we’ll regroup again and come back with some %HESITATION observations of how it’s going once the year starts and we see what’s being implemented thank you thanks are gonna come back anytime I talk to you soon.
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